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[111th Congress Public Law 364]
[From the U.S. Government Printing Office]

[[Page 4055]]

                 DIESEL EMISSIONS REDUCTION ACT OF 2010

[[Page 124 STAT. 4056]]

Public Law 111-364
111th Congress

                                 An Act

 
    To amend the Energy Policy Act of 2005 to reauthorize and modify 
         provisions relating to the diesel emissions reduction 
             program. <<NOTE: Jan. 4, 2011 -  [H.R. 5809]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Diesel 
Emissions Reduction Act of 2010. 42 USC 15801 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Diesel Emissions Reduction Act of 
2010''.
SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM.

    (a) Definitions.--Section 791 of the Energy Policy Act of 2005 (42 
U.S.C. 16131) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) any private individual or entity that--
                          ``(i) is the owner of record of a diesel 
                      vehicle or fleet operated pursuant to a contract, 
                      license, or lease with a Federal department or 
                      agency or an entity described in subparagraph (A); 
                      and
                          ``(ii) meets such timely and appropriate 
                      requirements as the Administrator may establish 
                      for vehicle use and for notice to and approval by 
                      the Federal department or agency or entity 
                      described in subparagraph (A) with respect to 
                      which the owner has entered into a contract, 
                      license, or lease as described in clause (i).'';
            (2) in paragraph (4), by inserting ``currently, or has not 
        been previously,'' after ``that is not'';
            (3) by striking paragraph (9);
            (4) by redesignating paragraph (8) as paragraph (9);
            (5) in paragraph (9) (as so redesignated), in the matter 
        preceding subparagraph (A), by striking ``, advanced truckstop 
        electrification system,''; and
            (6) by inserting after paragraph (7) the following:
            ``(8) State.--The term `State' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, the 
        United States Virgin Islands, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.''.

    (b) National Grant, Rebate, and Loan Programs.--Section 792 of the 
Energy Policy Act of 2005 (42 U.S.C. 16132) is amended--

[[Page 124 STAT. 4057]]

            (1) in the section heading, by inserting ``, rebate,'' after 
        ``grant'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``to provide grants and low-cost revolving 
                loans, as determined by the Administrator, on a 
                competitive basis, to eligible entities'' and inserting 
                ``to provide grants, rebates, or low-cost revolving 
                loans, as determined by the Administrator, on a 
                competitive basis, to eligible entities, including 
                through contracts entered into under subsection (e) of 
                this section,''; and
                    (B) in paragraph (1), by striking ``tons of'';
            (3) in subsection (b)--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraph (3) as paragraph (2); 
                and
                    (C) in paragraph (2) (as so redesignated)--
                          (i) in subparagraph (A), in the matter 
                      preceding clause (i), by striking ``90'' and 
                      inserting ``95'';
                          (ii) in subparagraph (B)(i), by striking ``10 
                      percent'' and inserting ``5 percent''; and
                          (iii) in subparagraph (B)(ii), by striking 
                      ``the application under subsection (c)'' and 
                      inserting ``a verification application'';
            (4) in subsection (c)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively;
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Expedited process.--
                    ``(A) In general.--The Administrator shall develop a 
                simplified application process for all applicants under 
                this section to expedite the provision of funds.
                    ``(B) Requirements.--In developing the expedited 
                process under subparagraph (A), the Administrator--
                          ``(i) shall take into consideration the 
                      special circumstances affecting small fleet 
                      owners; and
                          ``(ii) to avoid duplicative procedures, may 
                      require applicants to include in an application 
                      under this section the results of a competitive 
                      bidding process for equipment and installation.
            ``(2) Eligibility.--
                    ``(A) Grants.--To be eligible to receive a grant 
                under this section, an eligible entity shall submit to 
                the Administrator an application at such time, in such 
                manner, and containing such information as the 
                Administrator may require.
                    ``(B) Rebates and low-cost loans.--To be eligible to 
                receive a rebate or a low-cost loan under this section, 
                an eligible entity shall submit an application in 
                accordance with such guidance as the Administrator may 
                establish--
                          ``(i) to the Administrator; or
                          ``(ii) to an entity that has entered into a 
                      contract under subsection (e).'';
                    (C) in paragraph (3)(G) (as redesignated by 
                subparagraph (A)), by inserting ``in the case of an 
                application

[[Page 124 STAT. 4058]]

                relating to nonroad engines or vehicles,'' before ``a 
                description of the diesel''; and
                    (D) in paragraph (4) (as redesignated by 
                subparagraph (A))--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by inserting ``, rebate,'' after 
                                ``grant''; and
                                    (II) by inserting ``highest'' after 
                                ``shall give'';
                          (ii) in subparagraph (C)(iii)--
                                    (I) by striking ``a diesel fleets'' 
                                and inserting ``diesel fleets''; and
                                    (II) by inserting ``construction 
                                sites, schools,'' after ``terminals,'';
                          (iii) in subparagraph (E), by adding ``and'' 
                      at the end;
                          (iv) in subparagraph (F), by striking ``; 
                      and'' and inserting a period; and
                          (v) by striking subparagraph (G);
            (5) in subsection (d)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting ``, rebate,'' after 
                ``grant''; and
                    (B) in paragraph (2)(A)--
                          (i) by striking ``grant or loan provided'' and 
                      inserting ``grant, rebate, or loan provided, or 
                      contract entered into,''; and
                          (ii) by striking ``Federal, State or local 
                      law'' and inserting ``any Federal law, except that 
                      this subparagraph shall not apply to a mandate in 
                      a State implementation plan approved by the 
                      Administrator under the Clean Air Act''; and
            (6) by adding at the end the following:

    ``(e) Contract Programs.--
            ``(1) Authority.--In addition to the use of contracting 
        authority otherwise available to the Administrator, the 
        Administrator may enter into contracts with eligible contractors 
        described in paragraph (2) for the administration of programs 
        for providing rebates or loans, subject to the requirements of 
        this subtitle.
            ``(2) Eligible contractors.--The Administrator may enter 
        into a contract under this subsection with a for-profit or 
        nonprofit entity that has the capacity--
                    ``(A) to sell diesel vehicles or equipment to, or to 
                arrange financing for, individuals or entities that own 
                a diesel vehicle or fleet; or
                    ``(B) to upgrade diesel vehicles or equipment with 
                verified or Environmental Protection Agency-certified 
                engines or technologies, or to arrange financing for 
                such upgrades.

    ``(f) Public Notification.--Not later <<NOTE: Deadline. Web 
posting.>>  than 60 days after the date of the award of a grant, rebate, 
or loan, the Administrator shall publish on the website of the 
Environmental Protection Agency--
            ``(1) for rebates and loans provided to the owner of a 
        diesel vehicle or fleet, the total number and dollar amount of 
        rebates or loans provided, as well as a breakdown of the 
        technologies funded through the rebates or loans; and

[[Page 124 STAT. 4059]]

            ``(2) for other rebates and loans, and for grants, a 
        description of each application for which the grant, rebate, or 
        loan is provided.''.

    (c) State Grant, Rebate, and Loan Programs.--Section 793 of the 
Energy Policy Act of 2005 (42 U.S.C. 16133) is amended--
            (1) in the section heading, by inserting ``, rebate,'' after 
        ``grant'';
            (2) in subsection (a), by inserting ``, rebate,'' after 
        ``grant'';
            (3) in subsection (b)(1), by inserting ``, rebate,'' after 
        ``grant'';
            (4) by amending subsection (c)(2) to read as follows:
            ``(2) Allocation.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), using not more than 20 
                percent of the funds made available to carry out this 
                subtitle for a fiscal year, the Administrator shall 
                provide to each State qualified for an allocation for 
                the fiscal year an allocation equal to \1/53\ of the 
                funds made available for that fiscal year for 
                distribution to States under this paragraph.
                    ``(B) Certain territories.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), Guam, the United States Virgin 
                      Islands, American Samoa, and the Commonwealth of 
                      the Northern Mariana Islands shall collectively 
                      receive an allocation equal to \1/53\ of the funds 
                      made available for that fiscal year for 
                      distribution to States under this subsection, 
                      divided equally among those 4 States.
                          ``(ii) Exception.--If any State described in 
                      clause (i) does not qualify for an allocation 
                      under this paragraph, the share of funds otherwise 
                      allocated for that State under clause (i) shall be 
                      reallocated pursuant to subparagraph (C).
                    ``(C) Reallocation.--If any State does not qualify 
                for an allocation under this paragraph, the share of 
                funds otherwise allocated for that State under this 
                paragraph shall be reallocated to each remaining 
                qualified State in an amount equal to the product 
                obtained by multiplying--
                          ``(i) the proportion that the population of 
                      the State bears to the population of all States 
                      described in paragraph (1); by
                          ``(ii) the amount otherwise allocatable to the 
                      nonqualifying State under this paragraph.'';
            (5) in subsection (d)--
                    (A) in paragraph (1), by inserting ``, rebate,'' 
                after ``grant'';
                    (B) in paragraph (2), by inserting ``, rebates,'' 
                after ``grants'';
                    (C) in paragraph (3), in the matter preceding 
                subparagraph (A), by striking ``grant or loan provided 
                under this section may be used'' and inserting ``grant, 
                rebate, or loan provided under this section shall be 
                used''; and
                    (D) by adding at the end the following:
            ``(4) Priority.--In providing grants, rebates, and loans 
        under this section, a State shall use the priorities in section 
        792(c)(4).
            ``(5) Public notification.--Not later <<NOTE: Deadline. Web 
        posting.>>  than 60 days after the date of the award of a grant, 
        rebate, or loan by a State, the State shall publish on the Web 
        site of the State--

[[Page 124 STAT. 4060]]

                    ``(A) for rebates, grants, and loans provided to the 
                owner of a diesel vehicle or fleet, the total number and 
                dollar amount of rebates, grants, or loans provided, as 
                well as a breakdown of the technologies funded through 
                the rebates, grants, or loans; and
                    ``(B) for other rebates, grants, and loans, a 
                description of each application for which the grant, 
                rebate, or loan is provided.''.

    (d) Evaluation and Report.--Section 794(b) of the Energy Policy Act 
of 2005 (42 U.S.C. 16134(b)) is amended--
            (1) in each of paragraphs (2) through (5) by inserting ``, 
        rebate,'' after ``grant'' each place it appears;
            (2) in paragraph (5), by striking ``and'' at the end;
            (3) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(7) in the last report sent to Congress before January 1, 
        2016, an analysis of the need to continue the program, including 
        an assessment of the size of the vehicle and engine fleet that 
        could provide benefits from being retrofit under this program 
        and a description of the number and types of applications that 
        were not granted in the preceding year.''.

    (e) Authorization of Appropriations.--Section 797 of the Energy 
Policy Act of 2005 (42 U.S.C. 16137) is amended to read as follows:
``SEC. 797. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this subtitle $100,000,000 for each of fiscal years 2012 through 
2016, to remain available until expended.
    ``(b) Management and Oversight.--The Administrator may use not more 
than 1 percent of the amounts made available under subsection (a) for 
each fiscal year for management and oversight purposes.''.
SEC. 3. AUDIT.

    (a) In General.--Not later than 360 days after the date of enactment 
of this Act, the Comptroller General of the United States shall carry 
out an audit to identify--
            (1) all Federal mobile source clean air grant, rebate, or 
        low cost revolving loan programs under the authority of the 
        Administrator of the Environmental Protection Agency, the 
        Secretary of Transportation, or other relevant Federal agency 
        heads that are designed to address diesel emissions from, or 
        reduce diesel fuel usage by, diesel engines and vehicles; and
            (2) whether, and to what extent, duplication or overlap 
        among, or gaps between, these Federal mobile source clean air 
        programs exists.

    (b) Report.--The Comptroller General of the United States shall--
            (1) submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Energy and Commerce of the 
        House of Representatives a copy of the audit under subsection 
        (a); and
            (2) <<NOTE: Web posting.>>  make a copy of the audit under 
        subsection (a) available on a publicly accessible Internet site.

[[Page 124 STAT. 4061]]

    (c) Offset.--All unobligated amounts provided to carry out the pilot 
program under title I of division G of the Omnibus Appropriations Act, 
2009 (Public Law 111-8; 123 Stat. 814) under the heading ``miscellaneous 
items'' are rescinded.
SEC. 4. <<NOTE: 42 USC 16131 note.>>  EFFECTIVE DATE.

    (a) General Rule.--Except as provided in subsection (b), the 
amendments made by section 2 shall take effect on October 1, 2011.
    (b) Exception.--The amendments made by subsections (a)(4) and (6) 
and (c)(4) of section 2 shall take effect on the date of enactment of 
this Act.

    Approved January 4, 2011.

LEGISLATIVE HISTORY--H.R. 5809:
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HOUSE REPORTS: No. 111-618, Pt. 1 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 156 (2010):
            Sept. 22, considered and passed House.
            Dec. 16, considered and passed Senate, amended.
            Dec. 21, House concurred in Senate amendments.

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